Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has declared that the Federal Government is legally bound to provide cash transfers, grants and other social protection programmes for poor and vulnerable Nigerians, insisting that such interventions are constitutional obligations rather than acts of charity.
Falana warned that the Federal Government could face legal action if it fails to make adequate budgetary provisions for poverty reduction programmes in the 2026 fiscal year as required by the National Social Investment Programme Agency (Establishment) Act, 2023.
The senior lawyer, who chairs the Alliance on Surviving COVID-19 and Beyond (ASCAB), made the position known in a statement issued on Sunday.
According to him, recent public debate on poverty alleviation, triggered by comments made by Nigeria’s First Lady, Oluremi Tinubu, should shift attention from individual acts of generosity to the Federal Government’s legal responsibility to tackle poverty and unemployment.
Falana said the National Social Investment Programme Agency (NSIPA) Act clearly places a statutory obligation on the Federal Government to implement programmes designed to reduce poverty and improve the welfare of millions of Nigerians.
“It has become necessary to direct the attention of the Nigerian people to the National Social Investment Programme Agency (Establishment) Act, 2023, which has imposed a legal obligation on the Federal Government to reduce poverty and unemployment,” he said.
He stressed that government support for poor and vulnerable citizens is no longer something that depends on political goodwill or generosity.
According to him, “Giving grants to poor and vulnerable people in society is no longer borne out of political interests. It has become the government’s legal obligation to citizens, not acts of charity or generosity.”
Falana’s intervention follows comments by the First Lady, who recently urged Nigerians not to lose hope despite the country’s economic challenges.
Speaking during an empowerment programme, Mrs Tinubu encouraged Nigerians to explore small businesses such as selling akara, roasting corn and producing kulikuli, saying such ventures require little capital and can provide sustainable sources of income.
She also explained that her empowerment initiatives focus on giving grants instead of loans so that beneficiaries can establish businesses without the burden of repayment.
While acknowledging the importance of such interventions, Falana said many Nigerians have argued that promoting small-scale businesses alone cannot address the country’s widespread poverty.
He maintained that the more important issue is ensuring that governments at all levels fulfil their constitutional and legal responsibilities by implementing comprehensive social protection programmes backed by adequate funding.
The senior advocate explained that the NSIPA Act established the National Social Investment Programme Agency to coordinate poverty reduction initiatives targeted at vulnerable citizens, unemployed youths and small business owners across the country.
He noted that the law institutionalised four major social intervention programmes.
These include the N-Power Programme, which provides employment opportunities and skills acquisition for young Nigerians; the Conditional Cash Transfer scheme for the poorest and most vulnerable households; the Government Enterprise and Empowerment Programme, which consists of TraderMoni, MarketMoni and FarmerMoni for small business owners; and the National Home-Grown School Feeding Programme designed to improve school enrolment and nutrition among pupils.
Falana further stated that the legislation requires the agency to collaborate with State Social Investment Programme Agencies to ensure that poverty reduction and social protection programmes are effectively implemented across all states of the federation.
He recalled that allegations of widespread fraud and financial mismanagement under the previous administration prompted President Bola Ahmed Tinubu to propose reforms to the management of the social investment programmes.
According to him, the President sent a bill to the National Assembly seeking to transfer responsibility for the programmes from the Ministry of Humanitarian Affairs and Poverty Reduction to the Presidency.
The proposed amendment, Falana said, is intended to improve transparency, strengthen accountability and ensure that beneficiaries are properly identified through the National Social Register.
However, he observed that the amendment bill is yet to be passed by the National Assembly.
Pending the approval of the proposed changes, Falana urged the Ministry of Humanitarian Affairs and Poverty Reduction to regularly update Nigerians on the implementation of poverty reduction initiatives and the utilisation of funds allocated to the programmes.
He also called on Nigerians to demand regular reports from State Social Investment Programme Agencies on measures being taken to support poor households and reduce poverty within their respective states.
According to him, greater public scrutiny would improve transparency and ensure that resources meant for vulnerable Nigerians are properly utilised.
Falana argued that the National Social Investment Programme Agency Act was enacted to give practical effect to Section 16 of the 1999 Constitution, which directs the Nigerian state to manage the national economy in a manner that promotes the welfare, freedom and happiness of all citizens.
He said the constitutional provision places a responsibility on government to create conditions that improve the quality of life of Nigerians through effective economic and social policies.
Highlighting the scale of poverty in the country, Falana cited official data from the National Bureau of Statistics, which estimates that about 133 million Nigerians are living in multidimensional poverty.
He also referred to projections by PwC Nigeria indicating that the figure could rise to about 141 million people, representing approximately 62 per cent of the country’s population.
The senior lawyer warned that such statistics underscore the urgent need for the Federal Government to fully implement the provisions of the NSIPA Act and provide adequate funding for poverty reduction programmes.
He maintained that failure to do so in the 2026 budget would amount to a violation of the law.
“The refusal of the Federal Government to fund poverty reduction programmes in 2026 in line with the provisions of the National Social Investment Programme Agency Act will be challenged by ASCAB at the Federal High Court,” Falana said.
The National Social Investment Programme Agency was established through the National Social Investment Programme Agency (Establishment) Act, 2023 to institutionalise Nigeria’s social protection programmes and ensure continuity in poverty reduction efforts regardless of changes in government.
The law provides the legal framework for implementing key Federal Government interventions, including conditional cash transfers to poor households, youth employment schemes, microcredit programmes for small businesses and the school feeding programme.
The programs, however, have come under increasing public scrutiny in recent years following allegations of financial mismanagement during the previous administration. Those concerns prompted the Tinubu administration to propose reforms aimed at strengthening transparency, improving accountability and ensuring that genuine beneficiaries are identified through the National Social Register before receiving government support.